General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Customer Specifications
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Kian Schläfer, acting under "Kian Schläfer" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. Any inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after receipt of the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If you select the payment method "Amazon Payments," payment processing will be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the order process, they simultaneously issue a payment order to Amazon. In this case, the seller hereby accepts the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.6 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller’s online shop before submitting their order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account by entering the appropriate login details.

2.7 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detecting input errors can be the browser’s zoom function, which allows the on-screen display to be enlarged. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions as long as they have not clicked the button that completes the order process.

2.8 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.9 Order processing and communication usually take place by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not residents of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices. VAT is not shown, as the seller is a small business owner within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs that may apply are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are not the responsibility of the seller and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in connection with money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) available to the customer will be communicated in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out through PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods via PayPal in which the seller makes an advance payment to the customer (e.g., purchase on account or installment payments), the seller assigns his payment claim to PayPal or to the payment service provider appointed by PayPal and specifically named to the customer. Before accepting the assignment declaration from the seller, PayPal or the payment service provider appointed by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment may only be made to PayPal or to the payment service provider appointed by PayPal with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, such as those concerning goods, delivery times, shipping, returns, complaints, cancellation declarations and returns, or credits.

4.6 If the "SOFORT" payment method is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT" and the customer’s bank account is debited. Further information about the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller’s online shop. Stripe may use additional payment services to process payments, which may be subject to special payment conditions to which the customer will be separately notified if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.8 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller’s online shop. Stripe may use additional payment services to process payments, which may be subject to special payment conditions to which the customer will be separately notified if applicable. Further information about Stripe is available online at https://stripe.com/de.

4.9 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to decline this payment method if the credit check is negative.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller’s order processing is decisive. By way of exception, if PayPal is selected as the payment method, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. With regard to the return costs, the provision in the seller’s cancellation policy applies if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the goods sold generally passes to the customer or an authorized recipient only upon delivery of the goods. However, by way of exception, the risk of accidental loss or accidental deterioration of the goods sold also passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution with the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and any payment already made will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller provides goods in advance, ownership of the delivered goods remains with the seller until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects apply. By way of deviation, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims for defects are excluded;
• the limitation period does not start anew if a replacement delivery is made under the liability for defects.

7.2 If the customer is acting as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties and the customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above limitations of liability and shortening of limitation periods do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in cases where the seller has fraudulently concealed the defect,
• for goods that, according to their usual use, have been used for a building and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a merchant as defined by § 1 HGB, the commercial duty to inspect and give notice of defects according to § 377 HGB applies. If the customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.

7.6 If the customer is a consumer, they are requested to report goods with obvious transport damage to the delivery agent and inform the seller accordingly. Failure to do so has no effect on the customer’s statutory or contractual claims for defects.

7.7 The delivery time is between 6-24 days, which may vary depending on demand. Returns can be made with a payment of €50.

7.8 Logos or other printed details may vary and the seller is not liable for this. The seller is not obliged to accept returns for this reason.

7.9 The cups, logos, and all other items are only similar to the original and are not identical products.

7.10 The right of withdrawal does not apply to the purchase of a personalized product (e.g., one of our jerseys with a personalized name and/or number), as these products cannot be resold.

According to § 312g para. 2 sentence 1 of the German Civil Code (BGB) a consumer has no right of withdrawal for contracts concluded outside of business premises or for distance contracts if goods are made specifically for a customer or tailored to their personal needs.

8) Special conditions for processing goods according to specific customer instructions

8.1 If, under the terms of the contract, the seller owes not only the delivery of goods but also their processing according to specific customer instructions, the customer must provide the seller with all content required for processing (such as texts, images, or graphics) in the file formats, layouts, image and file sizes specified by the seller and grant the necessary usage rights. The customer is solely responsible for procuring and acquiring rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer must ensure that no third-party rights are infringed, especially copyrights, trademark rights, or personal rights.

8.2 The customer indemnifies the seller against any third-party claims asserted against the seller in connection with an infringement of their rights due to the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to promptly, truthfully, and fully provide the seller with all information necessary to examine the claims and mount a defense.

8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or common decency. This particularly applies if the content is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Redemption of promotional vouchers

9.1 Vouchers issued by the seller free of charge as part of promotional campaigns with a specific validity period, and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if such an exclusion is specified in the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the order process. Retroactive crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be used to pay the difference.

9.8 The balance of a promotional voucher will not be paid out in cash or earn interest.

9.9 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.

9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable law

10.1 All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not members of a European Union member state and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

11) Alternative dispute resolution

11.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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